Examining the laws and provisions related to genocide in internationallaw sources

Publish Year: 1403
نوع سند: مقاله کنفرانسی
زبان: English
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LPPJ01_0050

تاریخ نمایه سازی: 18 شهریور 1403

Abstract:

Genocide is an old crime and a new concept. Genocide or mass killing is one of the important international crimes, which Article ۵of the Rome Statute has declared the jurisdiction of the International Criminal Court. Article ۶ of the said constitution, in line withinternational documents before it, defines genocide as killing or causing severe physical or mental harm to the members of a group,exposing the members of a group to inappropriate living conditions, preventing birth and reproduction in the group. and the forcedtransfer of children from one group to another with the intention of destroying all or part of a national, ethnic, racial or religiousgroup. Accomplishing this intention in the crime of genocide, which in some cases is faced with practical difficulties and is based onthe external circumstances of the events; It is very important. The International Criminal Court of Rwanda, in one of its opinions,gave a relatively comprehensive description of the elements that constitute the crime of genocide and its two related arguments, i.e.aiding in genocide and direct and public incitement to genocide, and especially in terms of the psychological element of this Crimehas raised interesting points that can be a rich source for the International Criminal Court, which is at the beginning of its path forglobal criminal justice, from the point of view of judicial procedure; Be considered. Basically, genocide is the behavior of a specificgroup against a group. In recent decades, genocide has been carried out in the name of the majority against the minority

Authors

Atefeh Amini Nia

Phd student, General International Law, Islamic Azad University, United Arab Emirates branch, Iran

Seyedeh Parisa Jalili

Faculty Member, Department of Law, Islamic Azad University, Varamin Branch, Iran